Dodd-Frank Disclosure Requirements
Some of the Disclosures below relate to the requirements under regulations promulgated by the CFTC and SEC under Dodd-Frank. The General Disclosure Statement and each of the Annexes (together, the “ISDA DF Disclosure”) contain standard form disclosures intended to relate primarily to the requirements promulgated by the CFTC and SEC. Persons that intend to use the ISDA DF Disclosure in connection with such or other regulatory requirements should consult legal counsel and risk personnel regarding the appropriateness of the ISDA DF Disclosure for them, their counterparties and their transactions. Each user should consider how any additional disclosure that it may choose to make will relate to the ISDA DF Disclosure.
Dodd-Frank Disclosure Documents – click here
The European Market Infrastructure Regulation (EMIR) Requirements
The Article 39(7) Disclosure Documents facilitate compliance with certain obligations under Article 39(7) of EMIR where clearing members are providing services that involve clearing derivatives through an EU CCP. The document has been made available to allow clearing members to use it in its current form; however, the document may be subject to change. See further EMIR documentation here.
Free Download
Click here to view/download PDF
Click here to view/download DocX
The Securities Financing Transactions Regulation (SFTR) Requirements
The SFTR Information Statement is a template disclosure document for use by market participants to inform their counterparties of the general risks and consequences that may be involved in consenting to a right of use of collateral provided under a security collateral arrangement or of concluding a title transfer collateral arrangement. Market participants can tailor the statement to suit their own specific circumstances. The document has been drawn up in response to the SFTR, which come into force from July 13, 2016 and will affect all existing and future title transfer and security collateral arrangements under a variety of financial agreements.
Free Download
Click here to view/download SFTR Information Statement DOC – published May 13, 2016
Previous versions and blacklines:
Click here to view/download SFTR Information Statement blackline PDF – blackline of version published May 13, 2016 against version published April 13, 2016
Click here to view/download SFTR Information Statement DOC – published April 13, 2016
SFTR Contact Details Database
Upon member request ISDA has coordinated and collated the contact details from various entities which can be used when a party is providing an SFTR Information Statement to a counterparty. In order to access this database please click on the link below.
SFTR Information Statement Contact Details Database – click here
Latest
Response to FCA on CFI Codes for Transparency
On March 19, ISDA responded to Chapter 3 of the UK Financial Conduct Authority’s (FCA) Quarterly Consultation CP26/8 on transparency requirements for financial instruments under Market Conduct Sourcebook (MAR) 11. Sections 3.11-3.13 of the consultation paper explain a discrepancy between...
Why We Need Safe and Efficient SFT Markets
Securities financing transactions (SFTs) play a vital role in fostering liquidity, mobilizing collateral and supporting the smooth functioning of derivatives markets. But during periods of stress, secured funding markets often come under pressure just when they’re needed most, with reduced...
Response to BoE on Clearing Exemption for PTRR
On March 11, ISDA submitted a response to the Bank of England’s consultation on a proposed approach to exempting post-trade risk reduction (PTRR) transactions from the derivatives clearing obligation under Article 4 of the European Market Infrastructure Regulation (EMIR). ISDA...
IQ Interview with David Bailey
The Bank of England’s Prudential Regulation Authority recently finalized its Basel 3.1 framework for implementation at the start of 2027. David Bailey, executive director for prudential policy, talks to IQ about the importance of global consistency and the need to...